UNDERSTANDING the concept of environmental crime is a complex attempt that seeks consideration of the overall socio-cultural as well as political structure of a particular area. And the narrow view of criminology and criminal justice theories are changing over time. The idea of environmental justice within the criminological literature started to become prevalent in the world around the late 1980s and early 1990s. Green criminology can be segmented as a major portion of critical criminology, which challenges and goes beyond the idea of traditional criminology.
Traditional criminology is rooted in the enduring practice of individualistic and positivistic approaches, as usual focusing on the direct breach of provided laws related to the environment and identifying the specific offenders (who can be called polluters). On the other hand, critical criminology tries to adopt a broader view, holistic structural analysis and addressing the underlying social inequalities, imbalance of power, and socio-economic gaps deeply related to the society that also has a significant contribution to environmental harm. This perspective subscribes to concepts such as environmental justice, eco-justice, and evolving notions like climate criminology and 谐谢芯斜邪谢 disparities, especially focusing on the interconnection between the degradation of our environment and global inequality, consequently affecting the idea of social justice.
Built upon and enriched by these theories, green criminology has become an excellent approach which integrates the environmental concerns with criminological inquiry. In contrast, green criminology seeks a wider purview of harm than traditional criminology. That means it tries to promote the idea of harm not only by petty offences or street crime but also by the act against the ecosystem or the environment. Prioritising the life of both human and non-human green criminology has expanded the boundaries to recognise all types of environmental harm regardless of the existence of any legislation in a particular state. In broader terms, there is a precise difference regarding the treatment of victims and methods of interpretation. Traditional criminology usually requires direct harm from another human to initiate any legal action against that person. In green criminology, it can be contended that the causation between the offender and victim need not be direct. It incorporates the idea of recognising the injustices against the non-human entities, like fish, birds and all other living bodies or organisms existing in the environment.
The consequence of environmental crime is constantly harming all living being: human and non-human. In Bangladesh, the people have accepted the reality of breathing in the air heavy with dust and consuming unsafe water. Dumping industrial waste into rivers like the Buriganga and Turag, unaddressed air pollution in Dhaka due to brick kilns and vehicle emissions, plastic waste blocking waterways, and deforestation in the Sundarbans are the major environmental crimes drastically harming public health and biodiversity. Enduring the environmental injustice became part and parcel of life.
Despite the seriousness of these issues, probably our state organs have failed to combat such crimes. Ecological integrity is compromised to implement economically beneficial projects. Nature has consistently been the one to make sacrifices in the name of societal progress and development. This reality is not limited to Bangladesh; the same situation prevails globally. Industrialisation and economic development are undeniably a driving factor and fundamentally necessary for the overall advancement of any country. It is no secret that the primary objective of every government is to provide a better standard of living for its citizens. In addition, the expansion of the private sector has consequently opened the paths of significant employment opportunities and reduced the problem of unemployment. However, such progress carries its own burdens. While prioritising industrial growth, environmental concerns are mostly overlooked, leading to hazardous emissions and ecological harm. It is an unsettling paradox: the quest for progress and improved lifestyles is simultaneously contributing to the overall deterioration of the environment. The adverse effects arising from industrialisation are significantly jeopardising the public health and compromising the well-being of affected populations. There should be a mindful balance that needs to be maintained between the development and the protection of the environment. Economic development at the cost of the environment may lead to irreversible loss.
The non-profit organisations, such as the Bangladesh Environmental Lawyers Association and other civic groups, have already played a significant role in sustainable policies. The legislature of our country has already addressed this ecological harm by enacting laws 鈥� Bangladesh Environment Conservation Act,1995, The Environment Court Act, 2010. However, the effectiveness of these legislative measures remains highly questionable. It is a matter of concern whether these laws are truly delivering justice to the affected communities or merely existing on paper. The problem lies within the loopholes of the ECA, which prescribes the prior approval by the Department of Environment to file it as a complaint to the court. Here, the intervention by the executive in judicial matters restricts access to justice for the people, as there is a possibility of the department being politicised by any other means. Environmental crime is a multidisciplinary area that requires specialised knowledge to address, understand, and resolve effectively. However, there is no clear procedural framework for dealing with it, nor is there any requirement for a specialised person to assist the judge in resolving such disputes. The number of courts specifically allocated to adjudicate environmental litigation is considerably limited. Similarly, the judges appointed to the environmental courts have to discharge their responsibilities alongside their regular judicial duties to other courts. These overlapping responsibilities put considerable strain on the judges, making it troublesome for them to dedicate adequate time and attention to environmental disputes.
Therefore, it is imperative to introduce effective legal reforms to environmental laws to align the justice system with prevalent environmental issues, reduce procedural complexities, and curb environmental crimes.
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GM Tafsir Ahmed is a law student at Bangladesh University of Professionals.
